WHEREAS, Adam East known after as LB Web Design is an information provider connected to the Internet LB Web Design offers storage and transfer services over the Internet through access to its Web Server;
WHEREAS, Customer seeks to utilize LB Web Design’s server for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, LB Web Design can make no guarantee that any given reader shall be able to access LB Web Design’s server at any given time.
LB Web Design represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;
Customer agrees to a one (1) year contract minimum beginning upon commencement of service. Exact contract duration is decided upon at signup.
Customer agrees that all charges and fees associated with an account are their sole responsibility.
At the end of the contract term, the contract will automatically renew for the original contract length indefinitely until canceled in writing. After the first 30 days a canceled account will be canceled before the next payment is due and no more billing will occur nor will any payment be refunded, even for unused portions. If any non-refundable charges have already been incurred, they must be paid before the account may be cancelled.
Violations of LB Web Design’s Terms of Service, Acceptable Use Policy, or Spam Policy may, at LB Web Design’s discretion, result in immediate and permanent disablement without refund.
Disputed charges (“chargebacks”) associated with any LB Web Design account may, at LB Web Design’s discretion, result in immediate and permanent disablement.
LB Web Design shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or LB Web Design’s server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
Customer will provide LB Web Design with material and data in a condition that is “server-ready”, which is in a form requiring no additional manipulation on the part of LB Web Design. LB Web Design shall make no effort to validate this information for content, correctness or usability. Use of LB Web Design’s service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Customer’s Webspace by the Customer.
The following examples are offered: Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing Webspace contents, Graphics, text, Sound, image mapping, etc. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.
The Customer agrees that he or she has the necessary knowledge to create Customer’s Webspace. Customer agrees that it is not the responsibility of LB Web Design to provide this knowledge or Customer Support outside of the defined service of LB Web Design.
LB Web Design will exercise no control whatsoever over the content of the information passing through the network, provided that it adheres to all other conditions set forth in our Terms of Service and Acceptable Use Policy.
LB Web Design reserves the right to police its network to verify compliance with all agreed upon Terms.
The Customer agrees to cooperate in any reasonable investigations into their adherence to all agreed upon Terms. Failure to cooperate is grounds for immediate disablement of all accounts/service plans.
LB Web Design reserves the right to disconnect any website or server deemed to present a security threat to LB Web Design’s customers, servers, or network.
The opening of multiple accounts or service plans in order to bypass any restrictions or overage charges set forth by LB Web Design is grounds for termination of all services.
LB Web Design makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. LB Web Design also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of LB Web Design is at the Customer’s own risk, and LB Web Design specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. LB Web Design expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
LB Web Design specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not “Server-ready”, LB Web Design may, at its option and at any time, reject this material, including but not limited to after it has been put on LB Web Design’s Server. LB Web Design agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of LB Web Design. If the Customer fails to modify the material, as directed by LB Web Design, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.
Customer warrants that it has the right to use the trademarks and copyrights applicable to all content and/or products being made available through the customer’s account.
The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access LB Web Design.
LB Web Design makes no representations, warranties or assurances that the Customer’s equipment will be compatible with the LB Web Design service.
The Customer certifies that he or she is at least 18 years of age, or that their parent or legal guardian will act as the “customer” in terms of this contract.
This contract may be terminated by either party, without cause, by giving the other party 14 days written notice. LB Web Design will accept termination by electronic mail. Notwithstanding the above, LB Web Design may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment. LB Web Design reserves the right to charge a reinstatement fee.
Customer expressly agrees that use of LB Web Design’s Server is at Customer’s sole risk. Neither LB Web Design, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that LB Web Design’s Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the LB Web Design Server service, unless otherwise expressly stated in this contract.
Under no circumstances, including negligence, shall LB Web Design, its offices, agents or any one else involved in creating, producing or distributing LB Web Design’s Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the LB Web Design Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to LB Web Design’s records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on LB Web Design’s Server service.
Notwithstanding the above, Customer’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.
Customer agrees that it shall defend, indemnify, save and hold LB Web Design harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against LB Web Design, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer,its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless LB Web Design against Liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with LB Web Design’s Server; any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement; any defective product which Customer sold on LB Web Design Server.
Customer agrees to comply with all applicable export and reexport control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control, and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. Specifically, Customer covenants that it shall not — directly or indirectly — sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from LB Web Design under this Agreement to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. Customer agrees to indemnify, to the fullest extent permitted by law, LB Web Design from and against any fines or penalties that may arise as a result of Customer’s breach of this provision. This export control clause shall survive termination or cancellation of this Agreement.
Customer agrees to abide by the terms set forth in this document as well as other LB Web Design policy documents including, but not limited to:
Revisions to this Contract will be applicable to previous Contracts Revisions will be considered agreed to by the Customer on renewal of service as specified in Section – Financial Arrangements.
Customer may not transfer this contract without the written consent of LB Web Design.
These Terms and Conditions constitutes the entire Contract and understanding of the parties. Any changes or modifications to these Terms and Conditions of Contract thereto are agreed to by the both parties upon renewal of services.
Please feel free to contact us with any questions regarding our terms.